It’s important for recruiters to stay updated on how the Equal Employment Opportunity Commission views the fairness of candidates’ pre-employment tests. The EEOC says tests may be illegal if they are:
- Administered by a healthcare professional.
- Interpreted by a healthcare professional.
- Designed to reveal a physical or mental impairment.
- Detailed enough to be considered “invasive.â€
- Designed to measure an applicant’s “psychological response to performing a task†(rather than “an ability to perform the taskâ€).
- Normally given in a medical setting.
- Administered using medical equipment.
1 comment
Dave Staats Jan 8, 2009 at 7:55 am
The whole area of employment law is just plain comical. I cannot imagine a legal pre-employment test based on these criteria. I also cannot imagine a legal screening question. It feels like we are rapidly approaching the time when getting jobs the way Kramer and George Costanza did on Seinfeld will be the norm. Just show up and start working…It feels like it is almost illegal to not hire anyone who applies..(which I used to do anyhow but have finally cured myself).